Notice2021-28486
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that the sole company subject to this administrative review is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is April 1, 2020, through March 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Notices]
[Pages 216-218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28486]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-044]
1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the sole company subject to this administrative review is part of
the China-wide entity because it did not file a separate rate
application (SRA). The period of review (POR) is April 1, 2020, through
March 31, 2021. We invite interested parties to comment on these
preliminary results.
DATES: Applicable January 4, 2022.
FOR FURTHER INFORMATION CONTACT: Brendan Quinn, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5848.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on
1,1,1,2-
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Tetrafluoroethane (R-134a) from the People's Republic of China
(China).\1\ In response, on April 30, 2021, the American HFC Coalition
and its individual members \2\ (the petitioners) requested a review of
one company, Puremann, Inc. (Puremann).\3\ Commerce initiated a review
of this company on June 11, 2021.\4\ The deadline for interested
parties to submit an SRA or separate rate certification (SRC) was July
11, 2021.\5\ No party submitted an SRA or an SRC. On June 29, 2021, the
petitioners submitted initial comments on the record of this review.\6\
On August 16, 2021, Commerce placed U.S. Customs and Border Protection
(CBP) data on the record of this review demonstrating that there were
no entries of subject merchandise during the POR.\7\ The petitioners
submitted rebuttal comments on the CBP data on September 2, 2021, and
supplemental comments on September 23, 2021.\8\ The deadline for the
preliminary results of this review is January 3, 2022.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 17137 (April 1, 2021).
\2\ American HFC Coalition's members include the following
companies: Arkema Inc., the Chemours Company FC LLC, Honeywell
International Inc., and Mexichem Fluor, Inc.
\3\ See Petitioner's Letter, ``1,1,1,2-Tetrafluoroethane (R-
134a) from the People's Republic of China: Request for
Administrative Review of Antidumping Duty Order,'' dated April 30,
2021.
\4\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 86 FR 31282 (June 11, 2021) (Initiation
Notice).
\5\ SRAs and SRCs were due thirty days from the publication of
Commerce's Initiation Notice. In this administrative review, the
deadline was July 11, 2021.
\6\ See Petitioners' Letter, ``Antidumping Duty Administrative
Review of 1,1,1,2-Tetrafluoroethane (R134a) from China: Request to
Collect Additional CBP Data,'' dated June 29, 2021.
\7\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on 1,1,1,2-Tetrafluoroethane (R-134a) from
the People's Republic of China,'' dated August 16, 2021.
\8\ See Petitioners' Letters, ``Antidumping Duty Administrative
Review of 1,1,1,2-Tetrafluoroethane (R-134a) from China: Rebuttal
Comments on CBP Entry Data,'' dated September 2, 2021, and
``Antidumping Duty Administrative Review of 1,1,1,2-
Tetrafluoroethane (R-134a) from China: Supplemental Information
Concerning Census Data,'' dated September 23, 2021.
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Scope of the Order
The merchandise covered by the order is 1,1,1,2-Tetrafluoroethane,
R-134a, or its chemical equivalent, regardless of form, type, or purity
level. The chemical formula for 1,1,1,2-Tetrafluoroethane is
CF<INF>3</INF>-CH<INF>2</INF> F, and the Chemical Abstracts Service
registry number is CAS 811-97-2.\9\
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\9\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron
134a (Honeywell); Freon\TM\ 134a, Suva 134a, Dymel 134a, and Dymel
P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema).
Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon
134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
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Merchandise subject to the order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheading
2903.39.2020. Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written description
of the scope is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213.
Preliminary Results of Review
Puremann, the sole company subject to this review, did not file an
SRA, nor a claim that it did not ship subject merchandise during the
POR. Thus, Commerce preliminarily determines that this company has not
demonstrated its eligibility for separate rate status. As such,
Commerce preliminarily determines that the company subject to this
review is part of the China-wide entity. In addition, Commerce no
longer considers the non-market economy (NME) entity as an exporter
conditionally subject to an antidumping duty administrative review.\10\
Accordingly, the NME entity will not be under review unless Commerce
specifically receives a request for, or self-initiates, a review of the
NME entity. In this administrative review, no party requested a review
of the China-wide entity. Moreover, we have not self-initiated a review
of the China-wide entity. Because no review of the China-wide entity is
being conducted, the China-wide entity's entries are not subject to the
review, and the rate applicable to the NME entity is not subject to
change as a result of this review. The China-wide entity rate is 167.02
percent.\11\
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\11\ See 1,1,1,2 Tetrafluoroethane (R-134a) from the People's
Republic of China: Antidumping Duty Order, 82 FR 18422, 18423 (April
19, 2017).
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\12\ ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\13\ Parties who submit case or rebuttal briefs
in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a table of
authorities.\14\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\16\ Requests should
contain: (1) The party's name, address, the telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held.\17\ Commerce intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\18\ We intend to
instruct CBP to liquidate entries containing subject merchandise
exported by the company under review that we determine in the final
results to be part of the China-wide entity at the China-wide entity
rate of 167.02 percent. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
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publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\18\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For companies that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Chinese or non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity (i.e.,
167.02 percent); and (4) for all non-Chinese exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 315.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-28486 Filed 1-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 4, 2022.
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